The Senate was called to order at 1:
06 p.
m.
, President in the Chair.

The prayer was offered by Acting Chaplin Virginia Monteiro of Bloomfield Connecticut.

The following is the prayer:

Heavenly father it is in your name that we come humbly to seek your will and wisdom.
We thank you for the opportunity to serve your people.
We ask that you incline our hearts to carry out our daily business justly, with a spirit of unity and equality for all that we serve.
These and many blessings we ask in your son's name.
Amen

PLEDGE

Senator Frantz of the 36th, led the Senate in the pledge of Allegiance.

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE BILLS

The following favorable reports were received from the Joint Standing Committees indicated, read the second time and tabled for the calendar and printing.

On motion of Senator Looney of the 11th, the following resolutions which were starred for action were placed on the Consent Calendar in accordance with Senate Rule 31.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
H.
J.
No.
98 RESOLUTION CONFIRMING THE NOMINATION OF COMMISSIONER SCOTT A.
BARTON OF SEYMOUR TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL.
In Concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
H.
J.
No.
99 RESOLUTION CONFIRMING THE NOMINATION OF COMMISSIONER RANDY LYNN COHEN OF WESTPORT TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL.
In Concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
H.
J.
No.
100 RESOLUTION CONFIRMING THE NOMINATION OF COMMISSIONER JODI MURRAY GREGG OF STAMFORD TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL.
In Concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
H.
J.
No.
101 RESOLUTION CONFIRMING THE NOMINATION OF RUSSELL L.
LONDON, ESQUIRE, OF WETHERSFIELD TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL.
In Concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
H.
J.
No.
102 RESOLUTION CONFIRMING THE NOMINATION OF JOHN SOTO OF ORANGE TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL.
In Concurrence with the House.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PASSED

The following favorable reports were taken from the table, read the third time, the reports of the Committees accepted and the bill passed.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1.
(NEW) (Effective October 1, 2013) (a) As used in this section:

(1) "Portable electronics insurance" means insurance coverage for the repair or replacement of a portable electronic device because of loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss.
"Portable electronics insurance" does not include (A) an extended warranty, as defined in section 42-260 of the general statutes, as amended by this act, (B) an insurance policy covering a seller's or manufacturer's obligations under a warranty, or (C) a homeowners, renter's or other insurance policy that includes coverage similar to portable electronics insurance;

(2) "Portable electronic device" means any self-contained, easily carried, battery-operated electronic equipment for personal use for communicating, viewing, listening, recording, playing video games, computing or global positioning, including a cellular or satellite telephone, paging device, personal global positioning system unit, portable computer, audio listening or audio recording device, video viewing or video recording device, digital camera, portable video game system, telephone answering machine, docking or charging station for any portable electronic device, and other similar device.
"Portable electronic device" includes accessories for and services related to the use of such devices;

(3) "Buyer" means a person who leases or purchases a portable electronic device;

(5) "Insurance producer" has the same meaning as provided in section 38a-702a of the general statutes;

(6) "Insurer" has the same meaning as provided in section 38a-1 of the general statutes;

(7) "Location" means any physical location in this state or any Internet web site or call center site directed at residents of this state;

(8) "Portable electronics transaction" means the lease or sale of a portable electronic device by a seller to a buyer;

(9) "Seller" means a person in the business of direct or indirect portable electronics transactions;

(10) "Supervising entity" means a business entity licensed as an insurer in this state and authorized to write personal or commercial risk insurance business in this state or an insurance producer licensed in this state, appointed by an insurer to supervise such insurer's portable electronics insurance program.

(b) (1) No seller shall offer or sell portable electronics insurance in this state without obtaining a portable electronics insurance license from the Insurance Commissioner as set forth in this subsection.
Such license shall authorize any employee or authorized representative of such seller to offer or sell portable electronics insurance at each location where the seller engages in portable electronics transactions.

(2) No such employee or authorized representative shall be required to be licensed under chapter 701a of the general statutes, provided:

(B) The insurer issuing a portable electronics insurance policy to the seller or a supervising entity of such insurer supervises the administration of the seller's portable electronics insurance program;
and

(C) No such employee or authorized representative holds himself or herself out as a licensed insurance producer.

(3) (A) (i) Any seller seeking to obtain a portable electronics insurance license shall submit an initial sworn application to the Insurance Department on a form prescribed by the Insurance Commissioner.
Such application shall include (I) the name, residence address and other information as said commissioner may require for an employee or an officer of the seller that is designated by such seller as the individual responsible for the seller's compliance with this section.
If the seller derives more than fifty per cent of its revenue from the sale of portable electronics insurance, the seller shall include the name, residence address and other information as said commissioner may require for all of the seller's shareholders who are directly or indirectly the beneficial owner of ten per cent or more of any class of security of such seller, and for all of its officers and directors, and (II) the address of the applicant's home office.
Such application shall be accompanied by the fees set forth in section 38a-11 of the general statutes, as amended by this act.
Each portable electronics insurance license shall be valid for two years.

(ii) Any seller seeking to renew a portable electronics insurance license shall submit to the Insurance Department any changes to the initial application and any other information the Insurance Commissioner may require and the renewal fee set forth in section 38a-11 of the general statutes, as amended by this act.

(B) Any seller offering or selling portable electronics insurance in this state prior to October 1, 2013, shall apply for a portable electronics insurance license not later than ninety days after the Insurance Commissioner makes the application for such license available.
On and after October 1, 2013, a seller seeking to offer or sell portable electronics insurance in this state shall obtain such license prior to offering or selling such insurance in this state.

(c) At each location where a seller offers or sells portable electronics insurance to buyers, such seller shall make available to prospective buyers brochures or other written materials that contain all of the following:

(1) A disclosure that portable electronics insurance may duplicate insurance coverage already provided by a buyer's homeowners, renter's or other insurance policy;

(2) A statement that enrollment in portable electronics insurance is not required for a buyer to lease or purchase a portable electronics device;

(3) (A) The identity of the insurer issuing the portable electronics insurance policy, (B) the identity of the supervising entity of such insurer, if any, (C) the amount of any applicable deductible and a summary of how such deductible is to be paid, (D) a summary of the insurance policy benefits, and (E) a summary of key terms and conditions of such insurance policy, including, but not limited to, whether, under such insurance policy, portable electronic devices may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;

(4) A summary of the process for filing a claim, including a description of how to return portable electronic devices and the maximum fee applicable if the buyer fails to comply with any equipment return requirements;
and

(5) A statement that a buyer enrolled in a portable electronics insurance policy may cancel the insurance certificate at any time and that the person paying the premium will receive a refund of or a credit for any applicable unearned premium.

(d) (1) If portable electronics insurance is included at no additional charge with the lease or purchase of a portable electronic device, the seller shall clearly and conspicuously disclose to the buyer that such insurance is included at no additional charge with the lease or purchase of a portable electronic device.

(2) A seller may bill for and collect premium payments for portable electronics insurance policies, provided:

(A) Any premium payment that is not included in the cost of the lease or purchase of a portable electronic device is itemized separately on the enrolled buyer's invoice;
and

(B) The seller remits such premium payment to the insurer issuing such insurance policy not later than sixty days after the seller receives such payment.
Such insurer shall not cancel an enrolled buyer's certificate on the basis of nonpayment of premium if such enrolled buyer timely pays such premium to the seller.

(3) A seller shall not be required to maintain premium payments collected pursuant to this subsection in a segregated account if such insurer authorizes the seller to commingle such payments.
All such premium payments collected shall be held by the seller in a fiduciary capacity for the benefit of such insurer.

(4) A seller may receive compensation from such insurer for such billing and collection services, as agreed to by such insurer and such seller.

(e) (1) A portable electronics insurance policy shall not be issued, sold or offered for sale unless such insurance policy is issued by an insurer authorized to write such line of business in this state.
Such insurance policy may be issued as a group policy or a master commercial inland marine policy to a seller for its enrolled buyers.
An insurer authorized to issue a portable electronics insurance policy in this state shall file a copy of the form for such policy in accordance with subsection (c) of section 38a-676 of the general statutes, as amended by this act.

(2) An insurer that issues portable electronics insurance policies and does not directly supervise the administration of a seller's portable electronics insurance program shall appoint a supervising entity and shall provide the name and contact information of such supervising entity to the Insurance Commissioner and to any seller that offers or sells such insurance policy to buyers.

(3) The supervising entity shall maintain a registry of seller locations in this state that are authorized to offer or sell such insurer's portable electronics insurance policies in this state.
Upon request by the Insurance Commissioner with at least ten days' notice, such supervising entity shall make such registry available during the regular business hours of such supervising entity to said commissioner or said commissioner's designee for inspection and examination.

(f) (1) An enrolled buyer may cancel a portable electronics insurance certificate at any time.
Such cancellation may be (A) oral to the seller at the location where such enrolled buyer elected such coverage or a telephone number specified for such purpose, or (B) in writing, which writing shall be sent by United States mail or electronic means to (i) the insurer that issued such insurance policy if such enrolled buyer pays the premium to such insurer, or (ii) the seller if such seller collects the premium payment for such insurance policy.
Not later than three days after a seller receives a cancellation, such seller shall notify, or forward such cancellation to, the supervising entity or the insurer that issued such insurance policy if such insurer has not appointed a supervising entity.
The supervising entity shall notify, or forward such cancellation to, the insurer that issued such insurance policy.
Such insurer shall refund or arrange for credit to be provided, not later than sixty days after receiving such notice or cancellation, to the person who paid the premium any applicable unearned premium.

(2) (A) An insurer may cancel, terminate or change the terms and conditions of a portable electronics insurance policy only upon providing at least thirty days' written notice, sent by United States mail or electronic means, to the seller policyholder and enrolled buyers.
If the insurer changes the terms and conditions of such insurance policy, such insurer shall provide the seller policyholder with a revised insurance policy or endorsement and each enrolled buyer with a revised certificate, endorsement, updated brochure or other materials that indicate a change in the terms and conditions of such insurance policy and a summary of the material changes.

(B) An insurer may cancel, with at least fifteen days' written notice, sent by United States mail or electronic means to the seller policyholder and enrolled buyers:

(i) A portable electronics insurance policy for nonpayment of premium by the seller policyholder or a portable electronics insurance certificate for nonpayment of premium by an enrolled buyer.
Such seller policyholder or enrolled buyer may continue the coverage and avoid the effect of the cancellation by payment in full at any time prior to the effective date of cancellation.
If an enrolled buyer timely made a payment to the seller pursuant to subdivision (2) of subsection (d) of this section, such insurer shall not cancel such enrolled buyer's certificate for nonpayment of premium;
or

(ii) A portable electronics insurance certificate for fraud or material misrepresentation by the enrolled buyer in obtaining such insurance coverage or in the presenting of a claim thereunder.

(C) An insurer may cancel a portable electronics insurance certificate, effective immediately, (i) if an enrolled buyer ceases to have an active service with the seller, or (ii) for exhaustion of the aggregate limit of liability, if any, of such insurance coverage, provided the insurer sends written notice of such cancellation by United States mail or electronic means to such enrolled buyer not later than thirty days after such buyer exhausts such limit.
If such notice is not timely sent, coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends such notice of cancellation to such enrolled buyer.

(3) A seller may terminate a portable electronics insurance policy at any time, provided such seller provides at least thirty days' written notice prior to such termination, by United States mail or electronic means, to the insurer issuing such insurance policy or to the supervising entity of such insurer and to each enrolled buyer, of such termination and the effective date of such termination.

(4) (A) Any written notices or correspondence sent pursuant to this subsection or otherwise required by law shall be sent to, as applicable, (i) the enrolled buyer at such enrolled buyer's last-known mailing address or electronic mail address on file with the insurer or the seller, (ii) the insurer at such insurer's mailing address or electronic mail address specified for such purpose, or (iii) the seller at such seller's mailing address or electronic mail address specified for such purpose.
For purposes of this subsection, the provision of an enrolled buyer's electronic mail address by such enrolled buyer to the insurer or the seller shall be deemed consent by such enrolled buyer to receive such notices or correspondence by electronic mail.

(B) Each insurer or seller that sends a written notice or correspondence pursuant to this subsection shall maintain proof that such notice or correspondence was sent for not less than three years after such notice or correspondence was sent.

(C) A supervising entity may send a written notice or correspondence pursuant to this subsection on behalf of the insurer or a seller for which the insurer has issued a portable electronics insurance policy.
Such supervising entity shall maintain proof that such notice or correspondence was sent for not less than three years after such notice or correspondence was sent.

(g) The Insurance Commissioner may:

(1) Refuse to renew, for cause, after notice and hearing, a portable electronics insurance license.
Any person aggrieved by the action of the commissioner in disapproving or refusing to renew a portable electronics license may appeal therefrom in accordance with the provisions of section 4-183 of the general statutes, except venue for such appeal shall be in the judicial district of New Britain;
and

(2) Suspend or revoke a portable electronics insurance license and impose a fine in addition to or in lieu of suspension or revocation, in accordance with section 38a-774 of the general statutes.
In addition, in lieu of suspension or revocation, the commissioner may issue a cease and desist order suspending the privilege of offering or selling portable electronics insurance at specific locations of a seller or by specific employees or authorized representatives of such seller.

Sec.
2.
Section 38a-792 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) (1) No person may act as an adjuster of casualty claims for any insurance company or firm or corporation engaged in the adjustment of casualty claims unless such person has first secured a license from the commissioner, and has paid the license fee specified in section 38a-11, as amended by this act, for each two-year period or fraction thereof.
Application for such license shall be made as provided in section 38a-769, as amended by this act.
[The commissioner may waive the requirement for examination in the case of any applicant for a casualty claims adjuster's license who is a nonresident of this state and who holds an equivalent license from any other state.
] Any such license issued by the commissioner shall be in force until the thirtieth day of June in each odd-numbered year unless sooner revoked or suspended.
The [license]person may, [in]at the discretion of the commissioner, [be renewed]renew the license biennially upon payment of the fee specified in section 38a-11, as amended by this act.
[The commissioner may waive the examination required under section 38a-769, in the case of an applicant who at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for.
]

(2) The commissioner may waive the examination required under section 38a-769, in the case of any applicant for a casualty claims adjuster's license that (A) is a nonresident of this state or has its principal place of business in another state, and holds an equivalent license from any other state, or (B) at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for.

(b) The commissioner may prescribe reasonable regulations, in accordance with the provisions of chapter 54, governing the licensing of casualty claims adjusters and the adjustment of casualty claims.

(c) Any person who violates any provision of this section shall be fined not more than two thousand dollars or imprisoned not more than one year or both.

(d) The provisions of this section shall not apply to any:[member]

(1) (A) Individual who, for purposes of claims for portable electronics insurance, as defined in section 1 of this act, only (i) collects claim information from or furnishes claim information to insureds or claimants, and (ii) conducts data entry, including data entry into an automated claims adjudication system, provided (I) such individual is an employee of a casualty insurance company licensed in this state, an employee of a casualty claims adjuster licensed in this state or an employee of an affiliate of such insurance company or adjuster, and (II) not more than twenty-five such individuals are under the supervision of a casualty claims adjuster licensed in this state or an insurance producer who adjusts portable electronics insurance claims and is licensed in this state.
A licensed insurance producer who adjusts portable electronics insurance claims or supervises individuals pursuant to this subparagraph shall not be required to be licensed as a casualty claims adjuster.

(B) For purposes of this subdivision, "automated claims adjudication system" means a preprogrammed computer system, designed for the collection, data entry, calculation and final resolution of portable electronics insurance claims, that (i) is used only by a supervised individual, a casualty claims adjuster licensed in this state or an insurance producer licensed in this state, in accordance with subparagraph (A) of this subdivision, (ii) complies with all applicable claims payment requirements under this title, and (iii) is certified as complying with the provisions of this subdivision by a licensed casualty claims adjuster who is an officer of a business entity licensed in this state as a casualty claims adjuster;
or

(2) Member of the bar of this state in good standing who is engaged in the general practice of the law.

Sec.
3.
Subsection (a) of section 38a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The commissioner shall demand and receive the following fees:
(1) For the annual fee for each license issued to a domestic insurance company, two hundred dollars;
(2) for receiving and filing annual reports of domestic insurance companies, fifty dollars;
(3) for filing all documents prerequisite to the issuance of a license to an insurance company, two hundred twenty dollars, except that the fee for such filings by any health care center, as defined in section 38a-175, shall be one thousand three hundred fifty dollars;
(4) for filing any additional paper required by law, thirty dollars;
(5) for each certificate of valuation, organization, reciprocity or compliance, forty dollars;
(6) for each certified copy of a license to a company, forty dollars;
(7) for each certified copy of a report or certificate of condition of a company to be filed in any other state, forty dollars;
(8) for amending a certificate of authority, two hundred dollars;
(9) for each license issued to a rating organization, two hundred dollars.
In addition, insurance companies shall pay any fees imposed under section 12-211;
(10) a filing fee of fifty dollars for each initial application for a license made pursuant to section 38a-769;
(11) with respect to insurance agents' appointments:
(A) A filing fee of fifty dollars for each request for any agent appointment, except that no filing fee shall be payable for a request for agent appointment by an insurance company domiciled in a state or foreign country which does not require any filing fee for a request for agent appointment for a Connecticut insurance company;
(B) a fee of one hundred dollars for each appointment issued to an agent of a domestic insurance company or for each appointment continued;
and (C) a fee of eighty dollars for each appointment issued to an agent of any other insurance company or for each appointment continued, except that (i) no fee shall be payable for an appointment issued to an agent of an insurance company domiciled in a state or foreign country which does not require any fee for an appointment issued to an agent of a Connecticut insurance company, and (ii) the fee shall be twenty dollars for each appointment issued or continued to an agent of an insurance company domiciled in a state or foreign country with a premium tax rate below Connecticut's premium tax rate;
(12) with respect to insurance producers:
(A) An examination fee of fifteen dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of fifteen dollars to the commissioner for each examination taken by an applicant;
(B) a fee of eighty dollars for each license issued;
(C) a fee of eighty dollars per year, or any portion thereof, for each license renewed;
and (D) a fee of eighty dollars for any license renewed under the transitional process established in section 38a-784;
(13) with respect to public adjusters:
(A) An examination fee of fifteen dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of fifteen dollars to the commissioner for each examination taken by an applicant;
and (B) a fee of two hundred fifty dollars for each license issued or renewed;
(14) with respect to casualty claims adjusters:
(A) An examination fee of twenty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty dollars to the commissioner for each examination taken by an applicant;
(B) a fee of eighty dollars for each license issued or renewed;
and (C) the expense of any examination administered outside the state shall be the responsibility of the entity making the request and such entity shall pay to the commissioner two hundred dollars for such examination and the actual traveling expenses of the examination administrator to administer such examination;
(15) with respect to motor vehicle physical damage appraisers:
(A) An examination fee of eighty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of eighty dollars to the commissioner for each examination taken by an applicant;
(B) a fee of eighty dollars for each license issued or renewed;
and (C) the expense of any examination administered outside the state shall be the responsibility of the entity making the request and such entity shall pay to the commissioner two hundred dollars for such examination and the actual traveling expenses of the examination administrator to administer such examination;
(16) with respect to certified insurance consultants:
(A) An examination fee of twenty-six dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty-six dollars to the commissioner for each examination taken by an applicant;
(B) a fee of two hundred fifty dollars for each license issued;
and (C) a fee of two hundred fifty dollars for each license renewed;
(17) with respect to surplus lines brokers:
(A) An examination fee of twenty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty dollars to the commissioner for each examination taken by an applicant;
and (B) a fee of six hundred twenty-five dollars for each license issued or renewed;
(18) with respect to fraternal agents, a fee of eighty dollars for each license issued or renewed;
(19) a fee of twenty-six dollars for each license certificate requested, whether or not a license has been issued;
(20) with respect to domestic and foreign benefit societies shall pay:
(A) For service of process, fifty dollars for each person or insurer to be served;
(B) for filing a certified copy of its charter or articles of association, fifteen dollars;
(C) for filing the annual report, twenty dollars;
and (D) for filing any additional paper required by law, fifteen dollars;
(21) with respect to foreign benefit societies:
(A) For each certificate of organization or compliance, fifteen dollars;
(B) for each certified copy of permit, fifteen dollars;
and (C) for each copy of a report or certificate of condition of a society to be filed in any other state, fifteen dollars;
(22) with respect to reinsurance intermediaries, a fee of six hundred twenty-five dollars for each license issued or renewed;
(23) with respect to life settlement providers:
(A) A filing fee of twenty-six dollars for each initial application for a license made pursuant to section 38a-465a;
and (B) a fee of forty dollars for each license issued or renewed;
(24) with respect to life settlement brokers:
(A) A filing fee of twenty-six dollars for each initial application for a license made pursuant to section 38a-465a;
and (B) a fee of forty dollars for each license issued or renewed;
(25) with respect to preferred provider networks, a fee of two thousand seven hundred fifty dollars for each license issued or renewed;
(26) with respect to rental companies, as defined in section 38a-799, a fee of eighty dollars for each permit issued or renewed;
(27) with respect to medical discount plan organizations licensed under section 38a-479rr, a fee of six hundred twenty-five dollars for each license issued or renewed;
(28) with respect to pharmacy benefits managers, an application fee of one hundred dollars for each registration issued or renewed;
(29) with respect to captive insurance companies, as defined in section 38a-91aa, a fee of three hundred seventy-five dollars for each license issued or renewed;
(30) with respect to each duplicate license issued a fee of fifty dollars for each license issued;
(31) with respect to surety bail bond agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty dollars for each initial application for a license, and (B) a fee of one hundred dollars for each license issued or renewed;
[and] (32) with respect to third-party administrators, as defined in section 38a-720, (A) a fee of five hundred dollars for each license issued, (B) a fee of three hundred fifty dollars for each license renewed, and (C) a fee of one hundred dollars for each annual report filed pursuant to section 38a-720l;
(33) with respect to portable electronics insurance licenses under section 1 of this act, (A) a filing fee of one hundred dollars for each initial application for a license, (B) a fee of five hundred dollars for each license issued, and (C) a fee of four hundred fifty dollars for each license renewed.

Sec.
4.
Subdivision (1) of subsection (a) of section 42-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(1) "Extended warranty" means a contract or agreement to either perform or provide indemnification for the repair, replacement or maintenance of a product because of operational or structural failure of such product due to a defect in materials, skill or workmanship or normal wear and tear given for consideration over and above the lease or purchase price of a product.
"Extended warranty" does not include portable electronics insurance, as defined in section 1 of this act.

Sec.
5.
Subsection (c) of section 38a-676 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(c) The form of any insurance policy or contract (1) the rates for which are subject to the provisions of sections 38a-663 to 38a-696, inclusive, other than fidelity, surety or guaranty bonds, or (2) subject to section 1 of this act, and the form of any endorsement modifying such insurance policy or contract under subdivision (1) or (2) of this subsection, shall be filed with the Insurance Commissioner prior to its issuance.
The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing a procedure for review of such policy or contract.
If at any time the commissioner finds that any such policy, contract or endorsement is not in accordance with such provisions or any other provision of law, the commissioner shall issue an order disapproving the issuance of such form and stating the reasons for disapproval.
The provisions of section 38a-19 shall apply to any such order issued by the commissioner.
"

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2013

New section

Sec.
2

October 1, 2013

38a-792

Sec.
3

October 1, 2013

38a-11(a)

Sec.
4

October 1, 2013

42-260(a)(1)

Sec.
5

October 1, 2013

38a-676(c)

On motion of Senator Looney of the 11th, the bill as amended by Senate Amendment Schedule “A” (LCO 6146) was referred to the Committee on Finance, Revenue and Bonding.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO.
1

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on the Consent Calendar.

Remarking were Senator Kelly of the 21st, McKinney of the 28th, Witkos of the 8th and Welch of the 31st.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1.
Section 38a-488b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state [on or after January 1, 2009,] shall provide coverage for physical therapy, speech therapy and occupational therapy services for the treatment of autism spectrum disorder, as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", to the extent such services are a covered benefit for other diseases and conditions under such policy, except that coverage for an insured under such policy who has been diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" shall be provided in accordance with subsection (b) of this section.

(b) Each such policy shall maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage for physical therapy, speech therapy and occupational therapy services for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".

Sec.
2.
Section 38a-514b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section:

(1)"Applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between environment and behavior, to produce socially significant improvement in human behavior.

(2)"Autism services provider" means any person, entity or group that provides treatment for autism spectrum disorder pursuant to this section.

(4)"Behavioral therapy" means any interactive behavioral therapies derived from evidence-based research, including, but not limited to, applied behavior analysis, cognitive behavioral therapy, or other therapies supported by empirical evidence of the effective treatment of individuals diagnosed with an autism spectrum disorder, that are:
(A) Provided to children less than fifteen years of age;
and (B) provided or supervised by (i) a behavior analyst who is certified by the Behavior Analyst Certification Board, (ii) a licensed physician, or (iii) a licensed psychologist.
For the purposes of this subdivision, behavioral therapy is "supervised by" such behavior analyst, licensed physician or licensed psychologist when such supervision entails at least one hour of face-to-face supervision of the autism services provider by such behavior analyst, licensed physician or licensed psychologist for each ten hours of behavioral therapy provided by the supervised provider.

(5)"Diagnosis" means the medically necessary assessment, evaluation or testing performed by a licensed physician, licensed psychologist or licensed clinical social worker to determine if an individual has an autism spectrum disorder.

(b)Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 that is delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for the diagnosis and treatment of autism spectrum disorder, except that coverage for an insured under such policy who has been diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" shall be provided in accordance with subsection (i) of this section.
For the purposes of this section and section 38a-513c, an autism spectrum disorder shall be considered an illness.

(c)Such policy shall provide coverage for the following treatments, provided such treatments are (1) medically necessary, and (2) identified and ordered by a licensed physician, licensed psychologist or licensed clinical social worker for an insured who is diagnosed with an autism spectrum disorder, in accordance with a treatment plan developed by a licensed physician, licensed psychologist or licensed clinical social worker pursuant to a comprehensive evaluation or reevaluation of the insured:

(A)Behavioral therapy;

(B)Prescription drugs, to the extent prescription drugs are a covered benefit for other diseases and conditions under such policy, prescribed by a licensed physician, licensed physician assistant or advanced practice registered nurse for the treatment of symptoms and comorbidities of autism spectrum disorder;

(C)Direct psychiatric or consultative services provided by a licensed psychiatrist;

(D)Direct psychological or consultative services provided by a licensed psychologist;

(E)Physical therapy provided by a licensed physical therapist;

(F)Speech and language pathology services provided by a licensed speech and language pathologist;
and

(d)Such policy may limit the coverage for behavioral therapy to a yearly benefit of fifty thousand dollars for a child who is less than nine years of age, thirty-five thousand dollars for a child who is at least nine years of age and less than thirteen years of age and twenty-five thousand dollars for a child who is at least thirteen years of age and less than fifteen years of age.

(e)Such policy shall not impose (1) any limits on the number of visits an insured may make to an autism services provider pursuant to a treatment plan on any basis other than a lack of medical necessity, or (2) a coinsurance, copayment, deductible or other out-of-pocket expense for such coverage that places a greater financial burden on an insured for access to the diagnosis and treatment of an autism spectrum disorder than for the diagnosis and treatment of any other medical, surgical or physical health condition under such policy.

(f)(1)Except for treatments and services received by an insured in an inpatient setting, an insurer, health care center, hospital service corporation, medical service corporation or fraternal benefit society may review a treatment plan developed as set forth in subsection (c) of this section for such insured, in accordance with its utilization review requirements, not more than once every six months unless such insured's licensed physician, licensed psychologist or licensed clinical social worker agrees that a more frequent review is necessary or changes such insured's treatment plan.

(2)For the purposes of this section, the results of a diagnosis shall be valid for a period of not less than twelve months, unless such insured's licensed physician, licensed psychologist or licensed clinical social worker determines a shorter period is appropriate or changes the results of such insured's diagnosis.

(g)Coverage required under this section may be subject to the other general exclusions and limitations of the group health insurance policy, including, but not limited to, coordination of benefits, participating provider requirements, restrictions on services provided by family or household members and case management provisions, except that any utilization review shall be performed in accordance with subsection (f) of this section.

(h)(1)Nothing in this section shall be construed to limit or affect (A) any other covered benefits available to an insured under (i) such group health insurance policy, (ii) section 38a-514, as amended by this act, or (iii) section 38a-516a, as amended by this act, (B) any obligation to provide services to an individual under an individualized education program pursuant to section 10-76d, or (C) any obligation imposed on a public school by the Individual With Disabilities Education Act, 20 USC 1400 et seq.
, as amended from time to time.

(2)Nothing in this section shall be construed to require such group health insurance policy to provide reimbursement for special education and related services provided to an insured pursuant to section 10-76d, unless otherwise required by state or federal law.

(i) Each such group health insurance policy shall maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage as set forth in this section for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".

Sec.
3.
Subsection (a) of section 38a-488a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions.
For the purposes of this section, "mental or nervous conditions" means mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".
"Mental or nervous conditions" does not include (1) mental retardation, (2) learning disorders, (3) motor skills disorders, (4) communication disorders, (5) caffeine-related disorders, (6) relational problems, and (7) additional conditions that may be a focus of clinical attention, that are not otherwise defined as mental disorders in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", except that coverage for an insured under such policy who has been diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" shall be provided in accordance with subsection (b) of section 38a-488b, as amended by this act.

Sec.
4.
Subsection (a) of section 38a-514 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a)Except as provided in subsection (j) of this section, each group health insurance policy, providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469, delivered, issued for delivery, renewed, amended or continued in this state shall provide benefits for the diagnosis and treatment of mental or nervous conditions.
For the purposes of this section, "mental or nervous conditions" means mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".
"Mental or nervous conditions" does not include (1) mental retardation, (2) learning disorders, (3) motor skills disorders, (4) communication disorders, (5) caffeine-related disorders, (6) relational problems, and (7) additional conditions that may be a focus of clinical attention, that are not otherwise defined as mental disorders in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", except that coverage for an insured under such policy who has been diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" shall be provided in accordance with subsection (i) of section 38a-514b, as amended by this act.

Sec.
5.
Subsection (a) of section 38a-490a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a)Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for medically necessary early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e.
Such policy shall (1) provide coverage for such services provided by qualified personnel, as defined in section 17a-248, for a child from birth until the child's third birthday, and (2) maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage for such services for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".

Sec.
6.
Subsection (a) of section 38a-516a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a)Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall provide coverage for medically necessary early intervention services provided as part of an individualized family service plan pursuant to section 17a-248e.
Such policy shall (1) provide coverage for such services provided by qualified personnel, as defined in section 17a-248, for a child from birth until the child's third birthday, and (2) maintain, for any insured diagnosed with autism spectrum disorder prior to the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", coverage for such services for the treatment of said disorder at the benefit levels, at a minimum, provided immediately preceding the release of the fifth edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders".
"

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

38a-488b

Sec.
2

from passage

38a-514b

Sec.
3

from passage

38a-488a(a)

Sec.
4

from passage

38a-514(a)

Sec.
5

from passage

38a-490a(a)

Sec.
6

from passage

38a-516a(a)

Remarking was Senator McKinney of the 28th.

On motion of Crisco of the 17th, the bill as amended by Senate Amendment "A" (LCO 6154) was placed on the Consent Calendar No.
1.

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

INSURANCE AND REAL ESTATE.
S.
B.
No.
1091 (RAISED) (File No.
350) AN ACT ESTABLISHING A TASK FORCE TO STUDY HEALTH INSURANCE COVERAGE OF AND PROGRAM ENROLLMENT OPTIONS FOR TREATMENT THAT IS ORDERED BY A COURT FOR MENTAL DISORDERS.

Senator Crisco of the 17th explained the bill and moved passage.

Remarking were Senators Looney of the 11th, Kelly of the 21st and McKinney of the 28th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3:
28 p.
m.
:

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 34

Those voting Nay 2

Those absent and not voting 0

On the roll call vote Senate Bill No.
1091 was passed.

The following is the roll call vote:

Y

1

JOHN W.
FONFARA

Y

19

CATHERINE A.
OSTEN

Y

2

ERIC D.
COLEMAN

Y

20

ANDREA STILLMAN

Y

3

GARY LEBEAU

Y

21

KEVIN KELLY

Y

4

STEVE CASSANO

Y

22

ANTHONY J.
MUSTO

Y

5

BETH BYE

Y

23

ANDRES AYALA

Y

6

TERRY B.
GERRATANA

Y

24

MICHAEL A.
MCLACHLAN

Y

7

JOHN A.
KISSEL

Y

25

BOB DUFF

Y

8

KEVIN D.
WITKOS

Y

26

TONI BOUCHER

Y

9

PAUL DOYLE

Y

27

CARLO LEONE

Y

10

TONI N.
HARP

N

28

JOHN MCKINNEY

Y

11

MARTIN M.
LOONEY

Y

29

DONALD E.
WILLIAMS, JR.

Y

12

EDWARD MEYER

Y

30

CLARK J.
CHAPIN

Y

13

DANTE BARTOLOMEO

Y

31

JASON WELCH

Y

14

GAYLE SLOSSBERG

N

32

ROBERT J.
KANE

Y

15

JOAN V.
HARTLEY

Y

33

ART LINARES

Y

16

JOE MARKLEY

Y

34

LEONARD FASANO

Y

17

JOSEPH J.
CRISCO, JR.

Y

35

ANTHONY GUGLIELMO

Y

18

ANDREW MAYNARD

Y

36

L.
SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR NO.
1

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on the Consent Calendar.

Remarking were Senators Kissel of the 7th, Witkos of the 8th, Boucher of the 26th, Bye of the 5th, LeBeau of the 3rd, McLachlan of the 24th and McKinney of the 28th.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1.
(NEW) (Effective from passage) For the school year commencing July 1, 2013, and each school year thereafter, no local or regional board of education may employ or enter into an agreement, as described in subdivision (2) of subsection (b) of section 53a-217b of the general statutes, with any person to provide security services in a public school if such person will possess a firearm, as defined in section 53a-3 of the general statutes, while in the performance of his or her duties, unless such person is certified under the provisions of sections 7-294a to 7-294e, inclusive, of the general statutes.
"

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

On motion of Senator Looney of the 11th, the bill as amended by Senate Amendment Schedule “A” (LCO 6111) was referred to the Committee on Public Safety and Security.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

In line 41, strike "members" and insert "member" in lieu thereof, after "board" insert "for a term of two years", strike "their" and insert "his or her" in lieu thereof, and after "chairperson" strike "and"

After the last section, add the following and renumber sections and internal references accordingly:

"Sec.
501.
(NEW) (Effective July 1, 2013) Each constituent unit, as defined in section 10a-1 of the general statutes, shall submit, prior to its adoption, its annual operating budget to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations.
Said committees shall hold a joint public hearing on each budget submitted in accordance with this section.
"

This act shall take effect as follows and shall amend the following sections:

In line 7, after "illnesses" insert ";
and (3) assess the effect of any reduction in state funding or reimbursement rates for hospice services on the affordability and the availability of such services"

On motion of Senator Gerratana of the 6th, the bill as amended by Senate Amendment "A" (LCO 6151) was placed on the Consent Calendar No.
1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed.

After the last section, add the following and renumber sections and internal references accordingly:

"Sec.
501.
(NEW) (Effective October 1, 2013) Any person who is hired by a local or regional board of education, state charter school or regional educational service center as a school security consultant and who designs a security plan for a school or the school district shall be immune from civil liability for damage or injury occurring on or after October 1, 2013, resulting from any act, error or omission by such person with respect to the design of such school security plan or school district security plan, unless such damage or injury was caused by the reckless, wilful or wanton misconduct of such person.
"

This act shall take effect as follows and shall amend the following sections:

Sec.
501

October 1, 2013

New section

Remarking were Senators, Stillman of the 20th and Kane of the 32nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7:
10 p.
m.
:

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 28

Those voting Nay 8

Those absent and not voting 0

On the roll call vote Senate Bill No.
999 was passed.

The following is the roll call vote:

Y

1

JOHN W.
FONFARA

Y

19

CATHERINE A.
OSTEN

Y

2

ERIC D.
COLEMAN

Y

20

ANDREA STILLMAN

Y

3

GARY LEBEAU

Y

21

KEVIN KELLY

Y

4

STEVE CASSANO

Y

22

ANTHONY J.
MUSTO

Y

5

BETH BYE

Y

23

ANDRES AYALA

Y

6

TERRY B.
GERRATANA

N

24

MICHAEL A.
MCLACHLAN

Y

7

JOHN A.
KISSEL

Y

25

BOB DUFF

Y

8

KEVIN D.
WITKOS

Y

26

TONI BOUCHER

Y

9

PAUL DOYLE

Y

27

CARLO LEONE

Y

10

TONI N.
HARP

N

28

JOHN MCKINNEY

Y

11

MARTIN M.
LOONEY

Y

29

DONALD E.
WILLIAMS, JR.

Y

12

EDWARD MEYER

N

30

CLARK J.
CHAPIN

Y

13

DANTE BARTOLOMEO

N

31

JASON WELCH

Y

14

GAYLE SLOSSBERG

N

32

ROBERT J.
KANE

Y

15

JOAN V.
HARTLEY

Y

33

ART LINARES

Y

16

JOE MARKLEY

N

34

LEONARD FASANO

Y

17

JOSEPH J.
CRISCO, JR.

N

35

ANTHONY GUGLIELMO

Y

18

ANDREW MAYNARD

N

36

L.
SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT DESIGNATED

BILL PASSED TEMPORARILY

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill with Senate Amendment designated was passed temporarily.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1.
Section 17b-105d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Department of Social Services, in conjunction with the member agencies of the Child Poverty and Prevention Council, may work with local governments, institutions of higher education, community action agencies and other entities to continue and expand efforts, within available appropriations, to enroll eligible individuals in the supplemental nutrition assistance program and to enroll eligible supplemental nutrition assistance participants in education, employment and training activities.

(b) The Commissioner of Social Services shall incorporate into existing efforts coordinated outreach to increase awareness and utilization of the supplemental nutrition assistance program by eligible individuals, including, but not limited to, recipients of home-delivered and congregate meals and recipients of public assistance.

Sec.
2.
Subsection (e) of section 8-23 of the general statutes is repealed and the following is substituted in lieu thereof(Effective July 1, 2013):

(e)(1)Such plan of conservation and development shall (A) be a statement of policies, goals and standards for the physical and economic development of the municipality, (B) provide for a system of principal thoroughfares, parkways, bridges, streets, sidewalks, multipurpose trails and other public ways as appropriate, (C) be designed to promote, with the greatest efficiency and economy, the coordinated development of the municipality and the general welfare and prosperity of its people and identify areas where it is feasible and prudent (i) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (ii) to promote such development patterns and land reuse, (D) recommend the most desirable use of land within the municipality for residential, recreational, commercial, industrial, conservation, agricultural and other purposes and include a map showing such proposed land uses, (E) recommend the most desirable density of population in the several parts of the municipality, (F) note any inconsistencies with the following growth management principles:
(i) Redevelopment and revitalization of commercial centers and areas of mixed land uses with existing or planned physical infrastructure;
(ii) expansion of housing opportunities and design choices to accommodate a variety of household types and needs;
(iii) concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse;
(iv) conservation and restoration of the natural environment, cultural and historical resources and existing farmlands;
(v) protection of environmental assets critical to public health and safety;
and (vi) integration of planning across all levels of government to address issues on a local, regional and state-wide basis, (G)make provision for the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity, for all residents of the municipality and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a, (H) promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and encourage the development of housing which will meet the housing needs identified in the state's consolidated plan for housing and community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to chapter 297, and (I) consider allowing older adults and persons with a disability the ability to live in their homes and communities whenever possible.
Such plan may:
(i) Permit home sharing in single-family zones between up to four adult persons of any age with a disability or who are sixty years of age or older, whether or not related, who receive supportive services in the home;
(ii) allow accessory apartments for persons with a disability or persons sixty years of age or older, or their caregivers, in all residential zones, subject to municipal zoning regulations concerning design and long-term use of the principal property after it is no longer in use by such persons;
and (iii) expand the definition of "family" in single-family zones to allow for accessory apartments for persons sixty years of age or older, persons with a disability or their caregivers.
In preparing such plan the commission shall consider focusing development and revitalization in areas with existing or planned physical infrastructure.
For purposes of this subsection, "disability" has the same meaning as provided in section 46a-8.

(2)For any municipality that is contiguous to Long Island Sound, such plan shall be (A) consistent with the municipal coastal program requirements of sections 22a-101 to 22a-104, inclusive, (B) made with reasonable consideration for restoration and protection of the ecosystem and habitat of Long Island Sound, and (C) designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island Sound.

Sec.
3.
Subsection (e) of section 29-269 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(e)Notwithstanding the provisions of subsection (b) of this section, a variation or exemption from the State Building Code shall not be required to construct a visitable feature in a residential home.
For purposes of this section, "visitable feature" means (1) interior doorways that provide a minimum thirty-two inch wide unobstructed opening, (2) an accessible means of egress, as defined in Appendix A to 28 CFR Part 36, including a ramp allowing access by a wheelchair, or (3) a full or half bathroom on the first floor that is compliant with the provisions of the Americans with Disabilities Act of 1990, as amended, 42 USC 12101.

Sec.
4.
Subsection (a) of section 17b-451 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any nursing home administrator, nurse's aide or orderly in a nursing home facility, any person paid for caring for a patient in a nursing home facility, any staff person employed by a nursing home facility, any patients' advocate,[and] any licensed practical nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist, social worker, clergyman, police officer, pharmacist, psychologist or physical therapist, and any person paid for caring for an elderly person by any institution, organization, agency or facility.
Such persons shall include but not be limited to, an employee of a community-based services provider, senior center, home care agency, homemaker and companion agency, adult day care center, village-model community and congregate housing facility,who has reasonable cause to suspect or believe that any elderly person has been abused, neglected, exploited or abandoned, or is in a condition which is the result of such abuse, neglect, exploitation or abandonment, or is in need of protective services, shall, not later than seventy-two hours after such suspicion or belief arose, report such information or cause a report to be made in any reasonable manner to the Commissioner of Social Services or to the person or persons designated by the commissioner to receive such reports.
Any person required to report under the provisions of this section who fails to make such report within the prescribed time period shall be fined not more than five hundred dollars, except that, if such person intentionally fails to make such report within the prescribed time period, such person shall be guilty of a class C misdemeanor for the first offense and a class A misdemeanor for any subsequent offense.
Any institution, organization, agency or facility employing individuals to care for persons sixty years of age or older shall provide mandatory training on detecting potential abuse and neglect of such persons and inform such employees of their obligations under this section.

Sec.
5.
(NEW) (Effective July 1, 2013) (a) The Commissioner of Social Services, in consultation with the Chief State's Attorney, the Attorney General and the Long-Term Care Ombudsman, shall establish a uniform recording system for complaints involving abuse or neglect of elderly persons.
The system shall include uniform definitions for the categories of (1) physical abuse, (2) mental abuse, (3) self-neglect, (4) neglect by others, and (5) financial exploitation.

(b) The Commissioner of Social Services, the Chief State's Attorney, the Attorney General and the Long-Term Care Ombudsman shall establish a database to record complaints each receives in the categories defined pursuant to subsection (a) of this section.
Such database shall identify the office where each such complaint was filed and disposition of each such complaint, including referrals to other offices.

(c) The Commissioner of Social Services, the Chief State's Attorney, the Attorney General and the Long-Term Care Ombudsman shall share identifying information about victims of abuse or neglect only to the extent necessary to ensure that complaints are not duplicated in the uniform recording system established pursuant to subsection (a) of this section.
Information concerning the identity of victims shall be disseminated in accordance with the provisions of section 17b-407 of the general statutes.

(d) The database established pursuant to subsection (b) of this section shall be maintained by the division of the Department of Social Services responsible for protective services for elderly persons.

(e) Not later than July 1, 2014, and annually thereafter, the Commissioner of Social Services, or the commissioner's designee, in accordance with the provisions of section 11-4a of the general statutes, shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to aging, human services and public health, detailing:
(1) The number of complaints received in the previous calendar year and recorded in the shared database pursuant to subsection (b) of this section in the categories defined pursuant to subsection (a) of this section, (2) the disposition of complaints, and (3) whether and by how much complaints per category have increased or decreased from the previous year.

Sec.
6.
(NEW) (Effective July 1, 2013) The Department of Consumer Protection, in collaboration with the Department of Social Services and the Department on Aging, shall conduct a public awareness campaign, within available funding, to educate elderly consumers and caregivers on ways to resist aggressive marketing tactics and scams.
"

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2013

17b-105d

Sec.
2

July 1, 2013

8-23(e)

Sec.
3

July 1, 2013

29-269(e)

Sec.
4

July 1, 2013

17b-451(a)

Sec.
5

July 1, 2013

New section

Sec.
6

July 1, 2013

New section

On motion of Senator Looney of the 11th, the bill as amended by Senate Amendment Schedule “A” (LCO 6671) was referred to the Committee on Judiciary.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PASSED

The following favorable reports were taken from the table, read the third time, the reports of the Committees accepted and the bill passed.

The chair ordered the vote on business placed on the Consent Calendar be taken by roll call.

The following is the result of the vote at 8:
9 p.
m.
:

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the Consent Calendar No.
2 was adopted.

The following is the roll call vote:

Y

1

JOHN W.
FONFARA

Y

19

CATHERINE A.
OSTEN

Y

2

ERIC D.
COLEMAN

Y

20

ANDREA STILLMAN

Y

3

GARY LEBEAU

Y

21

KEVIN KELLY

Y

4

STEVE CASSANO

Y

22

ANTHONY J.
MUSTO

Y

5

BETH BYE

Y

23

ANDRES AYALA

Y

6

TERRY B.
GERRATANA

Y

24

MICHAEL A.
MCLACHLAN

Y

7

JOHN A.
KISSEL

Y

25

BOB DUFF

Y

8

KEVIN D.
WITKOS

Y

26

TONI BOUCHER

Y

9

PAUL DOYLE

Y

27

CARLO LEONE

Y

10

TONI N.
HARP

Y

28

JOHN MCKINNEY

Y

11

MARTIN M.
LOONEY

Y

29

DONALD E.
WILLIAMS, JR.

Y

12

EDWARD MEYER

Y

30

CLARK J.
CHAPIN

Y

13

DANTE BARTOLOMEO

Y

31

JASON WELCH

Y

14

GAYLE SLOSSBERG

Y

32

ROBERT J.
KANE

Y

15

JOAN V.
HARTLEY

Y

33

ART LINARES

Y

16

JOE MARKLEY

Y

34

LEONARD FASANO

Y

17

JOSEPH J.
CRISCO, JR.

Y

35

ANTHONY GUGLIELMO

Y

18

ANDREW MAYNARD

Y

36

L.
SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

HOUSE JOINT RESOLUTION ADOPTED

The following favorable report was taken from the table, read the third time, the report of the Committees accepted and the resolution adopted.

GOVERNMENT ADMINISTRATION AND ELECTIONS.
H.
J.
No.
36 (File No.
44) RESOLUTION APPROVING AN AMENDMENT TO THE STATE CONSTITUTION TO GRANT INCREASED AUTHORITY TO THE GENERAL ASSEMBLY REGARDING ELECTION ADMINISTRATION.

Senator Musto of the 22nd explained the resolution and moved adoption.

Strike lines 22 and 23 in their entirety and substitute the following in lieu thereof:
"activity]that any elector eligible to vote at a primary or an election and any person eligible to vote at a referendum may vote by absentee ballot.
"

Strike lines 24 to 91, inclusive, and insert the following in lieu thereof:

"RESOLVED:
That the foregoing proposed amendment to the Constitution be continued to the next session of the General Assembly elected at the general election to be held on November 4, 2014, and published with the laws passed at the present session, or be presented to the electors at the general election to be held on November 4, 2014, whichever the case may be, according to article sixth of the amendments to the Constitution.
The designation of said proposed amendment to be used on ballots at such election shall be "Shall the Constitution of the State be amended to remove restrictions concerning absentee ballots?""

In line 88, strike "election?""" and insert "election, and further, to remove restrictions that all future changes to laws governing elections and the rights to vote must be passed in accordance with the State Constitution?"""

Remarking were Senators Musto of the 22nd, McKinney of the 28th, McLachlan of the 24th, Frantz of the 36th, Kane of the 32nd, Leone of the 27th, McKinney of the 28th Fasano of the 34th, Guglielmo of the 35th, Boucher of the 26th, Kane of the 32nd, Witkos of the 8th, Markley of the 16th, Kelly of the 21st and Cassano of the 4th

"That the following be proposed as an amendment to the Constitution of the State, which, when approved and adopted in the manner provided by the Constitution, shall to all intents and purposes, become a part thereof:

Sec.
501.
Article twenty-fourth of the amendments to the Constitution is amended to read as follows:

Section 5 of article sixth of the Constitution is amended to read as follows:

In all elections of officers of the state, or members of the general assembly, the votes of the electors shall be by ballot, either written or printed, except that voting machines or other mechanical devices for voting may be used in all elections in the state, under such regulations as may be prescribed by law.
No voting machine or device used at any state or local election shall be equipped with a straight ticket device.
The right of secret voting shall be preserved, provided active duty military personnel stationed overseas may waive such right if such personnel choose to return an absentee or military ballot by any method permitted under state law.

RESOLVED:
That the foregoing proposed amendment to the Constitution be continued to the next session of the General Assembly elected at the general election to be held on November 4, 2014, and published with the laws passed at the present session, or be presented to the electors at the general election to be held on November 4, 2014, whichever the case may be, according to article sixth of the amendments to the Constitution.
The designation of said proposed amendment to be used on ballots at such election shall be "Shall the Constitution of the State be amended to allow active duty military personnel stationed overseas to waive their right to have a secret ballot so as to allow such personnel to return their absentee or military ballot in a timely manner?""

Remarking were Senators Fasano of the 34th, Witkos of the 8th, Musto of the 22nd and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11:
12 p.
m.
:

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 22

Those voting Nay 14

Those absent and not voting 0

On the roll call vote House Joint Resolution No.
36 was Adopted.
In concurrence with the House.

The following is the roll call vote:

Y

1

JOHN W.
FONFARA

Y

19

CATHERINE A.
OSTEN

Y

2

ERIC D.
COLEMAN

Y

20

ANDREA STILLMAN

Y

3

GARY LEBEAU

N

21

KEVIN KELLY

Y

4

STEVE CASSANO

Y

22

ANTHONY J.
MUSTO

Y

5

BETH BYE

Y

23

ANDRES AYALA

Y

6

TERRY B.
GERRATANA

N

24

MICHAEL A.
MCLACHLAN

N

7

JOHN A.
KISSEL

Y

25

BOB DUFF

Y

8

KEVIN D.
WITKOS

N

26

TONI BOUCHER

Y

9

PAUL DOYLE

Y

27

CARLO LEONE

Y

10

TONI N.
HARP

N

28

JOHN MCKINNEY

Y

11

MARTIN M.
LOONEY

Y

29

DONALD E.
WILLIAMS, JR.

Y

12

EDWARD MEYER

N

30

CLARK J.
CHAPIN

Y

13

DANTE BARTOLOMEO

N

31

JASON WELCH

Y

14

GAYLE SLOSSBERG

N

32

ROBERT J.
KANE

N

15

JOAN V.
HARTLEY

N

33

ART LINARES

N

16

JOE MARKLEY

N

34

LEONARD FASANO

Y

17

JOSEPH J.
CRISCO, JR.

N

35

ANTHONY GUGLIELMO

Y

18

ANDREW MAYNARD

N

36

L.
SCOTT FRANTZ

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE BILLS

The following favorable reports were received from the Joint Standing Committees indicated, read the second time and tabled for the calendar and printing.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
S.
R.
No.
27 RESOLUTION CONFIRMING THE NOMINATION OF CHERYL ABRAMS OF BRANFORD TO BE A MEMBER OF THE PSYCHIATRIC SECURITY REVIEW BOARD.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
S.
R.
No.
28 RESOLUTION CONFIRMING THE NOMINATION OF CHARLES F.
BUNNELL OF EAST HADDAM TO BE A MEMBER OF THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF CONNECTICUT.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
S.
R.
No.
29 RESOLUTION CONFIRMING THE NOMINATION OF ANDREA DENNIS-LAVIGNE OF SIMSBURY TO BE A MEMBER OF THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF CONNECTICUT.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
S.
R.
No.
30 RESOLUTION CONFIRMING THE NOMINATION OF CHRIS PHELPS OF PORTLAND TO BE A MEMBER OF THE CONNECTICUT RIVER VALLEY FLOOD CONTROL COMMISSION.

EXECUTIVE AND LEGISLATIVE NOMINATIONS.
S.
R.
No.
31 RESOLUTION CONFIRMING THE NOMINATION OF LENNY T.
WINKLER OF GROTON TO BE A MEMBER OF THE FREEDOM OF INFORMATION COMMISSION.

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

The following favorable reports were received from the Joint Standing Committees indicated, the bills were read the second time and tabled for the calendar.

JUDICIARY.
S.
B.
No.
985 (RAISED) (File No.
651) AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING AN EXEMPTION FROM STATE CONTRACTING REQUIREMENTS FOR INSTITUTIONS OF HIGHER EDUCATION THAT OFFER COURSES TO INMATES AT NO COST.

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Insurance and Real Estate.

JUDICIARY.
Substitute for S.
B.
No.
975 (RAISED) (File No.
343) AN ACT CONCERNING REVISIONS TO THE TRANSPORTATION STATUTES AND THE DESIGNATION OF ROADS AND BRIDGES IN HONOR OR IN MEMORY OF PERSONS AND ORGANIZATIONS.

BUSINESS ON THE CALENDAR

MATTERS REFERRED TO COMMITTEE ON

JUDICIARY

On motion of Senator Looney of the 11th, the following matters were referred to the Committee on Judiciary.